During the battle of Al-Ahzab, I and `Umar bin Abi-Salama were kept behind with the women. Behold! I saw (my father) Az-Zubair riding his horse, going to and coming from Bani Quraiza twice or thrice. So when I came back I said, "O my father! I saw you going to and coming from Bani Quraiza?" He said, "Did you really see me, O my son?" I said, "Yes." He said, "Allah's Apostle said, 'Who will go to Bani Quraiza and bring me their news?' So I went, and when I came back, Allah's Apostle mentioned for me both his parents saying, "Let my father and mother be sacrificed for you."'

Malik was asked whether, when an imam had accepted jizya from a people and they gave it, he thought that the land of one of them who surrendered belonged to him or whether his land and property belonged to the Muslims. Malik said, "That varies. As for the people of peace, if one of them surrenders, then he is entitled to his land and property. As for the people of force who use force, if one of them surrenders, his land and property belong to the Muslims because the people of force are overcome in their towns, and it becomes booty for the Muslims. As for the people of peace, their property and selves are protected so that they make peace for them. Only what they have made peace for is obliged of them."

People used to give some of their datepalms to the Prophet (as a gift), till he conquered Bani Quraiza and Bani An-Nadir, whereupon he started returning their favors.

Bani An-Nadir and Bani Quraiza fought (against the Prophet violating their peace treaty), so the Prophet exiled Bani An-Nadir and allowed Bani Quraiza to remain at their places (in Medina) taking nothing from them till they fought against the Prophet again) . He then killed their men and distributed their women, children and property among the Muslims, but some of them came to the Prophet and he granted them safety, and they embraced Islam. He exiled all the Jews from Medina. They were the Jews of Bani Qainuqa', the tribe of `Abdullah bin Salam and the Jews of Bani Haritha and all the other Jews of Medina.

The people of (Banu) Quraiza agreed to accept the verdict of Sa`d bin Mu`adh. So the Prophet sent for Sa`d, and the latter came (riding) a donkey and when he approached the Mosque, the Prophet said to the Ansar, "Get up for your chief or for the best among you." Then the Prophet said (to Sa`d)." These (i.e. Banu Quraiza) have agreed to accept your verdict." Sa`d said, "Kill their (men) warriors and take their offspring as captives, "On that the Prophet said, "You have judged according to Allah's Judgment," or said, "according to the King's judgment."

As if I am just now looking at the dust rising in the street of Banu Ghanm (in Medina) because of the marching of Gabriel's regiment when Allah's Apostle set out to Banu Quraiza (to attack them).

Some people used to allot some date palm trees to the Prophet as gift till he conquered Banu Quraiza and Bani An-Nadir, where upon he started returning their date palms to them.

It has been narrated on the authority of Ibn Umar that the Jews of Banu Nadir and Banu Quraiza fought against the Messenger of Allah (may peace be upon him) who expelled Banu Nadir, and allowed Quraiza to stay on, and granted favour to them until they too fought against him Then he killed their men, and distributed their women, children and properties among the Muslims, except that some of them had joined the Messenger of Allah (may peace be upon him) who granted them security. They embraced Islam. The Messenger of Allah (may peace be upon him) turned out all the Jews of Medina. Banu Qainuqa' (the tribe of 'Abdullah b. Salim) and the Jews of Banu Haritha and every other Jew who was in Medina.

Malik said in the case of an umm walad who injured someone, "The blood-money of that injury is the responsibility of her master from his property, unless the blood-money of the injury is greater than the value of the umm walad. Her master does not have to pay more than her value. That is because when the master of a slave or slave-girl surrenders his slave or slave-girl for an injury which one of them has done, he does not owe any more than that, even if the blood-money is greater. As the master of the umm walad cannot surrender her because of the precedent of the sunna, when he pays her price, it is as if he had surrendered her. He does not have to pay more than that. This is the best of what I have heard about the matter. The master is not obliged to assume responsibility for more than an umm walad's value because of her criminal action."

Yahya said that he heard Malik say, "The sunna with us about the crime of slaves is that the hand is not cut off for any harm that a slave causes a man, or something he pilfers, or something guarded which he steals, or hanging dates he cuts down or ruins, or steals. That is against the slave's person and does not exceed the price of the slave whether it is little or much. If his master wishes to give the value of what the slave took or ruined, or pay the blood-price for the injury, he pays it and keeps his slave. If he wishes to surrender him, he surrenders him, and none of that is against him. The master has the option in that."

Sa`d was wounded on the day of Khandaq (i.e. Trench) when a man from Quraish, called Hibban bin Al-`Araqa hit him (with an arrow). The man was Hibban bin Qais from (the tribe of) Bani Mais bin 'Amir bin Lu'ai who shot an arrow at Sa`d's medial arm vein (or main artery of the arm). The Prophet pitched a tent (for Sa`d) in the Mosque so that he might be near to the Prophet to visit. When the Prophet returned from the (battle) of Al-Khandaq (i.e. Trench) and laid down his arms and took a bath Gabriel came to him while he (i.e. Gabriel) was shaking the dust off his head, and said, "You have laid down the arms?" By Allah, I have not laid them down. Go out to them (to attack them)." The Prophet said, "Where?" Gabriel pointed towards Bani Quraiza. So Allah's Apostle went to them (i.e. Banu Quraiza) (i.e. besieged them). They then surrendered to the Prophet's judgment but he directed them to Sa`d to give his verdict concerning them. Sa`d said, "I give my judgment that their warriors should be killed, their women and children should be taken as captives, and their properties distributed." Narrated Hisham: My father informed me that `Aisha said, "Sa`d said, "O Allah! You know that there is nothing more beloved to me than to fight in Your Cause against those who disbelieved Your Apostle and turned him out (of Mecca). O Allah! I think you have put to an end the fight between us and them (i.e. Quraish infidels). And if there still remains any fight with the Quraish (infidels), then keep me alive till I fight against them for Your Sake. But if you have brought the war to an end, then let this wound burst and cause my death thereby.' So blood gushed from the wound. There was a tent in the Mosque belonging to Banu Ghifar who were surprised by the blood flowing towards them . They said, 'O people of the tent! What is this thing which is coming to us from your side?' Behold! Blood was flowing profusely out of Sa`d's wound. Sa`d then died because of that."

When the Prophet returned from Al-Khandaq (i.e. Trench) and laid down his arms and took a bath, Gabriel came and said (to the Prophet ), You have laid down your arms? By Allah, we angels have not laid them down yet. So set out for them." The Prophet said, "Where to go?" Gabriel said, "Towards this side," pointing towards Banu Quraiza. So the Prophet went out towards them.

On the day of Al-Ahzab (i.e. Clans) the Prophet said, "None of you Muslims) should offer the `Asr prayer but at Banu Quraiza's place." The `Asr prayer became due for some of them on the way. Some of those said, "We will not offer it till we reach it, the place of Banu Quraiza," while some others said, "No, we will pray at this spot, for the Prophet did not mean that for us." Later on It was mentioned to the Prophet and he did not berate any of the two groups.

When Allah's Apostle returned on the day (of the battle) of Al-Khandaq (i.e. Trench), he put down his arms and took a bath. Then Gabriel whose head was covered with dust, came to him saying, "You have put down your arms! By Allah, I have not put down my arms yet." Allah's Apostle said, "Where (to go now)?" Gabriel said, "This way," pointing towards the tribe of Bani Quraiza. So Allah's Apostle went out towards them .

The people of (the tribe of) Quraiza agreed upon to accept the verdict of Sa`d. The Prophet sent for him (Sa`d) and he came. The Prophet said (to those people), "Get up for your chief or the best among you!" Sa`d sat beside the Prophet and the Prophet said (to him), "These people have agreed to accept your verdict." Sa`d said, "So I give my judgment that their warriors should be killed and their women and children should be taken as captives." The Prophet said, "You have judged according to the King's (Allah's) judgment." (See Hadith No. 447, Vol. 5)

When the tribe of Bani Quraiza was ready to accept Sa`d's judgment, Allah's Apostle sent for Sa`d who was near to him. Sa`d came, riding a donkey and when he came near, Allah's Apostle said (to the Ansar), "Stand up for your leader." Then Sa`d came and sat beside Allah's Apostle who said to him. "These people are ready to accept your judgment." Sa`d said, "I give the judgment that their warriors should be killed and their children and women should be taken as prisoners." The Prophet then remarked, "O Sa`d! You have judged amongst them with (or similar to) the judgment of the King Allah."

Yahya said that he heard Malik say, "What is done in our community about a slave who finds something and uses it before the term which is set for finds has been reached, and that is a year, is that it is against his person. Either his master gives the price of what his slave has used, or he surrenders his slave to them as compensation. If he withheld it until the term was reached which is set for finds and he used it, it is a debt against him which follows him and it is not against his person and there is nothing against his master in it."

The Messenger of Allah (saws) raided Thaqif. When Sakhr heard this, he proceeded on his horse along with some horsemen to support the Prophet (saws). He found the Prophet of Allah (saws) had returned and he did not conquer (Ta'if).

On that day Sakhr made a covenant with Allah and had His protection that he would not depart from that fortress until they (the inhabitants) surrendered to the command of the Messenger of Allah (saws). He did not leave them until they had surrendered to the command of the Messenger of Allah (saws).

Sakhr then wrote to him: To proceed: Thaqif have surrendered to your command, Messenger of Allah, and I am on my way to them. They have horses with them.

The Messenger of Allah (saws) then ordered prayers to be offered in congregation. He then prayed for Ahmas ten times: O Allah, send blessings the horses and the men of Ahmas.

The people came and Mughirah ibn Shu'bah said to him: Prophet of Allah, Sakhr took my paternal aunt while she embraced Islam like other Muslims.

He called him and said: Sakhr, when people embrace Islam, they have security of their blood and property. Give back to Mughirah his paternal aunt.

So he returned his aunt to him and asked the Prophet of Allah (saws): What about Banu Sulaym who have run away for (fear of) Islam and left that water? He said: Prophet of Allah, allow me and my people to settle there.

He said: Yes. So he allowed him to settle there. Banu Sulaym then embraced Islam, and they came to Sakhr. They asked him to return their water to them. But he refused.

So they came to the Prophet (saws) and said: Prophet of Allah, we embraced Islam and came to Sakhr so that he might return our water to us. But he has refused.

He (the Prophet) then came to him and said: When people embrace Islam, they secure their properties and blood. Return to the people their water.

He said: Yes, Prophet of Allah. I saw that the face of the Messenger of Allah (saws) was reddening at that moment, being ashamed of taking back from him the slave-girl and the water.

Some people (i.e. the Jews of Bani bin Quraiza) agreed to accept the verdict of Sa`d bin Mu`adh so the Prophet sent for him (i.e. Sa`d bin Mu`adh). He came riding a donkey, and when he approached the Mosque, the Prophet said, "Get up for the best amongst you." or said, "Get up for your chief." Then the Prophet said, "O Sa`d! These people have agreed to accept your verdict." Sa`d said, "I judge that their warriors should be killed and their children and women should be taken as captives." The Prophet said, "You have given a judgment similar to Allah's Judgment (or the King's judgment).

Malik said, "The best of what I have heard about a mukatab who injures a man so that blood-money must be paid, is that if the mukatab can pay the blood-money for the injury with his kitaba, he does so, and it is against his kitaba. If he cannot do that, and he cannot pay his kitaba because he must pay the blood-money of that injury before the kitaba, and he cannot pay the blood-money of that injury, then his master has an option. If he prefers to pay the blood-money of that injury, he does so and keeps his slave and he becomes an owned slave. If he wishes to surrender the slave to the injured, he surrenders him. The master does not have to do more than surrender his slave."

Malik spoke about people who were in a general kitaba and one of them caused an injury which entailed blood-money. He said, "If any of them does an injury involving blood-money, he and those who are with him in the kitaba are asked to pay all the blood-money of that injury. If they pay, they are confirmed in their kitaba. If they do not pay, and they are incapable then their master has an option. If he wishes, he can pay all the blood-money of that injury and all the slaves revert to him. If he wishes, he can surrender the one who did the injury alone and all the others revert to being his slaves since they could not pay the blood-money of the injury which their companion caused."

Malik said, "The way of doing things about which there is no dispute among us, is that when a mukatab is injured in some way which entails blood-money or one of the mukatab's children who is written with him in the kitaba is injured, their blood-money is the blood-money of slaves of their value, and what is appointed to them as their blood-money is paid to the master who has the kitaba and he reckons that for the mukatab at the end of his kitaba and there is a reduction for the blood-money that the master has taken for the injury."

Malik said, "The explanation of that is say, for example, he has written his kitaba for three thousand dirhams and the blood-money taken by the master for his injury is one thousand dirhams. When the mukatab has paid his master two thousand dirhams he is free. If what remains of his kitaba is one thousand dirhams and the blood-money for his injury is one thousand dirhams, he is free straightaway. If the blood-money of the injury is more than what remains of the kitaba, the master of the mukatab takes what remains of his kitaba and frees him. What remains after the payment of the kitaba belongs to the mukatab. One must not pay the mukatab any of the blood- money of his injury in case he might consume it and use it up. If he could not pay his kitaba completely he would then return to his master one eyed, with a hand cut off, or crippled in body. His master only wrote his kitaba against his property and earnings, and he did not write his kitaba so that he would take the blood-money for what happened to his child or to himself and use it up and consume it. One pays the blood-money of injuries to a mukatab and his children who are born in his kitaba, or their kitaba is written, to the master and he takes it into account for him at the end of his kitaba."

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price.

Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."

Some (of the Ansar) used to present date palm trees to the Prophet till Banu Quraiza and Banu An- Nadir were conquered (then he returned to the people their date palms). My people ordered me to ask the Prophet to return some or all the date palms they had given to him, but the Prophet had given those trees to Um Aiman. On that, Um Aiman came and put the garment around my neck and said, "No, by Him except Whom none has the right to be worshipped, he will not return those trees to you as he (i.e. the Prophet ) has given them to me." The Prophet go said (to her), "Return those trees and I will give you so much (instead of them)." But she kept on refusing, saying, "No, by Allah," till he gave her ten times the number of her date palms.

Allah's Apostle said, "O so-and-so, whenever you go to your bed (for sleeping) say, 'O Allah! I have surrendered myself over to you and have turned my face towards You, and leave all my affairs to You and depend on You and put my trust in You expecting Your reward and fearing Your punishment. There is neither fleeing from You nor refuge but with You. I believe in the Book (Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent.' If you then die on that night, then you will die as a Muslim, and if you wake alive in the morning then you will receive the reward." (See Hadith No. 323, Vol. 8)

Malik related to me from Nafi that Safiyya bint Abi Ubayd informed him that Umar ibn al-Khattab said, "What is the matter with men who have intercourse with their slave-girls and then leave them to go? No slave-girl comes to me whose master confesses that he has had intercourse with her but that I connect her child to him, whether or not he has practised coitus interruptus or left off from intercourse with her."

Yahya said that he heard Malik say, "What is done in our community about an umm walad who commits a crime is that her master is liable for what she has done up to her value. He does not have to surrender her, and he cannot be made to bear more than her value for her crime."

Yahya said that Malik said, "The way of doing things in our community about which there is no dispute is that women do not swear in the swearing for the intentional act. If the murdered man only has female relatives, the women have no right to swear for blood and no pardon in murder."

Yahya said that Malik said about a man who is murdered, "If the paternal relatives of the murdered man or his mawali say, 'We swear and we demand our companion's blood,' that is their right."

Malik said, "If the women want to pardon him, they cannot do that. The paternal relatives and mawali are entitled to do that more than them because they are the ones who demand blood and swear for it."

Malik said, "If the paternal relatives or mawali pardon after they demand blood and the women refuse and say, 'We will not abandon our right against the murderer of our companion,' the women are more entitled to that because whoever takes retaliation is more entitled than the one who leaves it among the women and paternal relatives when the murder is established and killing obliged."

Malik said, "At least two claimants must swear in murder. The oaths are repeated by them until they swear fifty oaths, then they have the right to blood. That is how things are done in our community."

Malik said, "When people beat a man and he dies in their hands, they are all slain for him. If he dies after their beating, there is swearing. If there is swearing, it is only against one man and only he is slain. We have never known the swearing to be against more than one man."

Malik spoke about a slave who had his hand or foot broken and then the break mended . He said, "The one who injured him is not obliged to pay anything. If that break causes him loss or scar, the one who injured him must pay according to what he diminished of the value of the slave."

Malik said, "What is done in our community about retaliation between slaves is that it is like retaliation between freemen. The life of the slave-girl for the life of the slave, and her injury for his injury. When a slave intentionally kills a slave, the master of the murdered slave has a choice. If he wishes, he kills him, and if he wishes, he takes the blood-money. If he takes the blood-money, he takes the value of his slave. If the owner of the slave who killed wishes to give the value of the murdered slave, he does it. If he wishes, he surrenders his slave. If he surrenders him, he is not obliged to do anything other than that. When the owner of the murdered slave takes the slave who murdered and is satisifed with him, he must not kill him. All retaliations between slaves for cutting off of the hand and foot and such things are dealt with in the same way as in the murder."

Malik said about a muslim slave who injures a jew or christian, "If the master of the slave wishes to pay blood-money for him according to the injury, he does it. Or else he surrenders him and he is sold, and the jew or christian is given the blood-money of the injury or all the price of the slave if the blood-money is greater than his price. The jew or christian is not given a muslim slave."

Malik related to me that he heard that Umar ibn Abd al-Aziz gave a judgement about the mudabbar who did an injury. He said, "The master must surrender what he owns of him to the injured person. He is made to serve the injured person and recompense (in the form of service) is taken from him as the blood-money of the injury. If he completes that before his master dies, he reverts to his master."

Malik said, "The generally agreed on way of doing things in our community about a mudabbar who does an injury and then his master dies and the master has no property except him is that the third (allowed to be bequeathed) is freed, and then the blood-money for the in jury is divided into thirds. A third of the blood-money is against the third of him which was set free, and two-thirds are against the two-thirds which the heirs have. If they wish, they surrender what they have of him to the party with the injury, and if they wish, they give the injured person two-thirds of the blood-money and keep their portion of the slave. That is because that injury is a criminal action by the slave and it is not a debt against the master by which whatever setting free and tadbir the master had done would be abrogated. If there were a debt to people held against the master of the slave, as well as the criminal action of the slave, part of the mudabbar would be sold in proportion to the blood-money of the injury and according to the debt. Then one would begin with the blood-money which was for the criminal action of the slave and it would be paid from the price of the slave. Then the debt of his master would be paid, and then one would look at what remained after that of the slave. His third would b be set free, and two-thirds of him would belong to the heirs. That is because the criminal action of the slave is more important than the debt of his master. That is because, if the man dies and leaves a mudabbar slave whose value is one hundred and fifty dinars, and the slave strikes a free man on the head with a blow that lays open the skull, and the blood-money is fifty dinars, and the master of the slave has a debt of fifty dinars, one begins with the fifty dinars which are the blood-money of the head wound, and it is paid from the price of the slave. Then the debt of the master is paid. Then one looks at what remains of the slave, and a third of him is set free and two-thirds of him remain for the heirs. The blood-money is more pressing against his person than the debt of his master. The debt of his master is more pressing than the tadbir which is a bequest from the third of the property of the deceased. None of the tadbir is permitted while the master of the mudabbar has a debt which is not paid. It is a bequest. That is because Allah, the Blessed, the Exalted, said, 'After any bequest that is made or any debt.' " (Sura 4 ayat 10)

Malik said, "If there is enough in the third property that the deceased can bequeath to free all the mudabbar, he is freed and the blood-money due from his criminal action is held as a debt against him which follows him after he is set free even if that blood-money is the full blood-money. It is not a debt on the master."

Malik spoke about a mudabbar who injured a man and his master surrendered him to the injured party, and then the master died and had a debt and did not leave any property other than the mudabbar, and the heirs said, "We surrender the mudabbar to the party," whilst the creditor said, "My debt exceeds that." Malik said that if the creditor's debt did exceed that at all , he was more entitled to it and it was taken from the one who owed the debt, according to what the creditor was owed in excess of the blood-money of the injury. If his debt did not exceed it at all, he did not take the slave.

Malik spoke about a mudabbar who did an injury and had property, and his master refused to ransom him. He said, "The injured party takes the property of the mudabbar for the blood-money of his injury. If there is enough to pay it, the injured party is paid in full for the blood-money of his injury and the mudabbar is returned to his master. If there is not enough to pay it, he takes it from the blood-money and uses the mudabbar for what remains of the blood-money."

While we were in the mosque, Allah's Apostle came out and said, "Let us proceed to the Jews." So we went out with him till we came to Bait-al-Midras. The Prophet stood up there and called them, saying, "O assembly of Jews! Surrender to Allah (embrace Islam) and you will be safe!" They said, "You have conveyed Allah's message, O Aba-al-Qasim" Allah's Apostle then said to them, "That is what I want; embrace Islam and you will be safe." They said, "You have conveyed the message, O Aba-al- Qasim." Allah's Apostle then said to them, "That is what I want," and repeated his words for the third time and added, "Know that the earth is for Allah and I want to exile you from this land, so whoever among you has property he should sell it, otherwise, know that the land is for Allah and His Apostle."

Whenever the Prophet offered his Tahajjud prayer, he would say, "O Allah, our Lord! All the praises are for You; You are the Keeper (Establisher or the One Who looks after) of the Heavens and the Earth. All the Praises are for You; You are the Light of the Heavens and the Earth and whatever is therein. You are the Truth, and Your saying is the Truth, and Your promise is the Truth, and the meeting with You is the Truth, and Paradise is the Truth, and the (Hell) Fire is the Truth. O Allah! I surrender myself to You, and believe in You, and I put my trust in You (solely depend upon). And to You I complain of my opponents and with Your Evidence I argue. So please forgive the sins which I have done in the past or I will do in the future, and also those (sins) which I did in secret or in public, and that which You know better than I. None has the right to be worshipped but You."

Whenever the Prophet offered the night (Tahajjud) prayer, he used to say, "O Allah! All the Praises are for You; You are the Light of the Heavens and the Earth. And all the Praises are for You; You are the Keeper of the Heavens and the Earth. All the Praises are for You; You are the Lord of the Heavens and the Earth and whatever is therein. You are the Truth, and Your Promise is the Truth, and Your Speech is the Truth, and meeting You is the Truth, and Paradise is the Truth and Hell (Fire) is the Truth and all the prophets are the Truth and the Hour is the Truth. O Allah! I surrender to You, and believe in You, and depend upon You, and repent to You, and in Your cause I fight and with Your orders I rule. So please forgive my past and future sins and those sins which I did in secret or in public. It is You Whom I worship, None has the right to be worshipped except You ." (See Hadith No. 329,Vol. 8)

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Yahya said that Malik said, "The generally agreed on way of doing things among us about an investor who pays qirad money to an agent to buy goods, and the agent then sells the goods for a price to be paid later, and has a profit in the transaction, then the agent dies before he has received payment, is that if his heirs want to take that money, they have their father's stipulated portion from the profit. That is theirs if they are trustworthy to take the payment. If they dislike to collect it from the debtor and they refer him to the investor, they are not obliged to collect it and there is nothing against them and nothing for them by their surrendering it to the investor. If they do collect it, they have a share of it and expenses like their father had. They are in the position of their father. If they are not trustworthy to do so, they can bring someone reliable and trustworthy to collect the money. If he collects all the capital and all the profit, they are in the position of their father."

Malik spoke about an investor who paid qirad money to a man provided that he used it and was responsible for any delayed payment for which he sold it. He said, "This is obligatory on the agent. If he sells it for delayed payment, he is responsible for it."

The Prophet used to invoke Allah at night, saying, "O Allah: All the Praises are for You: You are the Lord of the Heavens and the Earth. All the Praises are for You; You are the Maintainer of the Heaven and the Earth and whatever is in them. All the Praises are for You; You are the Light of the Heavens and the Earth. Your Word is the Truth, and Your Promise is the Truth, and the Meeting with You is the Truth, and Paradise is the Truth, and the (Hell) Fire is the Truth, and the Hour is the Truth. O Allah! I surrender myself to You, and I believe in You and I depend upon You, and I repent to You and with You (Your evidences) I stand against my opponents, and to you I leave the judgment (for those who refuse my message). O Allah! Forgive me my sins that I did in the past or will do in the future, and also the sins I did in secret or in public. You are my only God (Whom I worship) and there is no other God for me (i.e. I worship none but You)."

Narrated Sufyan:

(regarding the above narration) that the Prophet added, "You are the Truth, and Your Word is the Truth."

[He said:] There are narrations on this topic from Abu Sa'eed and 'Atiyyah Al-Qurazi.

[Abu 'Eisa said:] This Hadith is Hasan Sahih.

That Al-Miqdad bin `Amr Al-Kindi, who was an ally of Bani Zuhra and one of those who fought the battle of Badr together with Allah's Apostle told him that he said to Allah's Apostle, "Suppose I met one of the infidels and we fought, and he struck one of my hands with his sword and cut it off and then took refuge in a tree and said, "I surrender to Allah (i.e. I have become a Muslim),' could I kill him, O Allah's Apostle, after he had said this?" Allah's Apostle said, "You should not kill him." Al- Miqdad said, "O Allah's Apostle! But he had cut off one of my two hands, and then he had uttered those words?" Allah's Apostle replied, "You should not kill him, for if you kill him, he would be in your position where you had been before killing him, and you would be in his position where he had been before uttering those words."

Allah's Prophet said, "When Allah decrees some order in the heaven, the angels flutter their wings indicating complete surrender to His saying which sounds like chains being dragged on rock. And when the state of fear disappears, they ask each other, "What has your Lord ordered? They say that He has said that which is true and just, and He is the Most High, the Most Great." (34.23). Then the stealthy listeners (devils) hear this order, and these stealthy listeners are like this, one over the other." (Sufyan, a sub-narrator demonstrated that by holding his hand upright and separating the fingers.) A stealthy listener hears a word which he will convey to that which is below him and the second will convey it to that which is below him till the last of them will convey it to the wizard or foreteller. Sometimes a flame (fire) may strike the devil before he can convey it, and sometimes he may convey it before the flame (fire) strikes him, whereupon the wizard adds to that word a hundred lies. The people will then say, 'Didn't he (i.e. magician) tell such-and-such a thing on such-and-such date?' So that magician is said to have told the truth because of the Statement which has been heard from the heavens."

An ally of Bani Zuhra who took part in the battle of Badr with the Prophet, that he said, "O Allah's Apostle! If I meet an unbeliever and we have a fight, and he strikes my hand with the sword and cuts it off, and then takes refuge from me under a tree, and says, 'I have surrendered to Allah (i.e. embraced Islam),' may I kill him after he has said so?" Allah's Apostle said, "Do not kill him." Al- Miqdad said, "But O Allah's Apostle! He had chopped off one of my hands and he said that after he had cut it off. May I kill him?" The Prophet said. "Do not kill him for if you kill him, he would be in the position in which you had been before you kill him, and you would be in the position in which he was before he said the sentence." The Prophet also said to Al-Miqdad, "If a faithful believer conceals his faith (Islam) from the disbelievers, and then when he declares his Islam, you kill him, (you will be sinful). Remember that you were also concealing your faith (Islam) at Mecca before."

Allah's Apostle distributed something (from the resources of Zakat) amongst a group of people while I was sitting amongst them, but he left a man whom I considered the best of the lot. So, I went up to Allah's Apostle and asked him secretly, "Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim (Who surrender to Allah)." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer. " The Prophet said, "Or merely a Muslim." I remained quiet for a while but could not help repeating my question because of what I knew about him. I said, "O Allah's Apostle! Why have you left that person? By Allah! I consider him a believer." The Prophet said, "Or merely a Muslim." Then Allah's Apostle (p.b.u.h) said, "I give to a person while another is dearer to me, for fear that he may be thrown in the Hell-fire on his face (by reneging from Islam)."

The Prophet said to me, "Whenever you go to bed perform ablution like that for the prayer, lie or your right side and say, "Allahumma aslamtu wajhi ilaika, wa fauwadtu `Amri ilaika, wa alja'tu Zahri ilaika raghbatan wa rahbatan ilaika. La Malja'a wa la manja minka illa ilaika. Allahumma amantu bikitabika-l-ladhi anzalta wa bina-biyika-l ladhi arsalta" (O Allah! I surrender to You and entrust all my affairs to You and depend upon You for Your Blessings both with hope and fear of You. There is no fleeing from You, and there is no place of protection and safety except with You O Allah! I believe in Your Book (the Qur'an) which You have revealed and in Your Prophet (Muhammad) whom You have sent). Then if you die on that very night, you will die with faith (i.e. or the religion of Islam). Let the aforesaid words be your last utterance (before sleep)." I repeated it before the Prophet and when I reached "Allahumma amantu bikitabika-l-ladhi anzalta (O Allah I believe in Your Book which You have revealed)." I said, "Wa-rasulika (and your Apostle)." The Prophet said, "No, (but say): 'Wanabiyika-l-ladhi arsalta (Your Prophet whom You have sent), instead."

From his father who said: "When the Messenger of Allah (sawS) sent a commander of an army, he would exhort him concerning himself to have Taqwa of Allah, and he would exhort him to be good to those who are with him among the Muslims. He would say: 'Fight in the Name of Allah, in the cause of Allah. Fight those who disbelieve in Allah, and do not steal from the spoils of war or be treacherous, nor mutilate, and do not kill a child. When you meet your enemy among the idolaters, then call them to one of the three options or choices, whichever of them they respond to then accept it from them, and refrain from them. Call them to Islam, and to relocate from their land to the land of Emigrants. Inform them that if they do that, then they will have similar to what those who emigrated have, and from them will be required similar to what is required from those who have emigrated. And if they refuse to relocate, then inform them that they will be like the Bedouins among the Muslim, and they will be treated the same as Bedouins are treated. There is no war spoils or Fay' for them, unless they fight along with the Muslims. If they refuse then seek aid from Allah against them and fight them. And if you lay siege to a fortress and they want you to grant them covenant from Allah and a covenant of His Prophet, then do not grant them the covenant of Allah nor the covenant of His Prophet. Rather grant them your own covenant and the covenant of your companions, it will be better than breaking Allah's covenant and the covenant of His Messenger. And if you lay siege to the people of a fortress and they want you to lift the siege for negotiating upon the judgement of Allah, then do not stop, but rather make them surrender to your judgement, for you do not know if you will come upon the judgement of Allah regarding them or not.' Or similar to that."

[Abu 'Eisa said:] There is something on this topic from An-Nu'man bin Muqarrin, and the Hadith of Buraidah is a Hasan Sahih Hadith

Allah's Apostle sent out ten spies under the command of `Asim bin Thabit Al-Ansari, the grand-father of `Asim bin `Umar Al-Khattab. When they reached (a place called) Al-Hadah between 'Usfan and Mecca, their presence was made known to a sub-tribe of Hudhail called Banu Lihyan. So they sent about one hundred archers after them. The archers traced the footsteps (of the Muslims) till they found the traces of dates which they had eaten at one of their camping places. The archers said, "These dates are of Yathrib (i.e. Medina)," and went on tracing the Muslims' footsteps. When `Asim and his companions became aware of them, they took refuge in a (high) place. But the enemy encircled them and said, "Come down and surrender. We give you a solemn promise and covenant that we will not kill anyone of you." `Asim bin Thabit said, "O people! As for myself, I will never get down to be under the protection of an infidel. O Allah! Inform your Prophet about us." So the archers threw their arrows at them and martyred `Asim. Three of them came down and surrendered to them, accepting their promise and covenant and they were Khubaib, Zaid bin Ad-Dathina and another man. When the archers got hold of them, they untied the strings of the arrow bows and tied their captives with them. The third man said, "This is the first proof of treachery! By Allah, I will not go with you for I follow the example of these." He meant the martyred companions. The archers dragged him and struggled with him (till they martyred him). Then Khubaib and Zaid bin Ad-Dathina were taken away by them and later on they sold them as slaves in Mecca after the event of the Badr battle. The sons of Al-Harit bin `Amr bin Naufal bought Khubaib for he was a person who had killed (their father) Al-Hari bin `Amr on the day (of the battle) of Badr. Khubaib remained imprisoned by them till they decided unanimously to kill him. One day Khubaib borrowed from a daughter of Al-Harith, a razor for shaving his pubic hair, and she lent it to him. By chance, while she was inattentive, a little son of hers went to him (i.e. Khubaib) and she saw that Khubaib had seated him on his thigh while the razor was in his hand. She was so much terrified that Khubaib noticed her fear and said, "Are you afraid that I will kill him? Never would I do such a thing." Later on (while narrating the story) she said, "By Allah, I had never seen a better captive than Khubaib. By Allah, one day I saw him eating from a bunch of grapes in his hand while he was fettered with iron chains and (at that time) there was no fruit in Mecca." She used to say," It was food Allah had provided Khubaib with." When they took him to Al-Hil out of Mecca sanctuary to martyr him, Khubaib requested them. "Allow me to offer a two-rak`at prayer." They allowed him and he prayed two rak`at and then said, "By Allah! Had I not been afraid that you would think I was worried, I would have prayed more." Then he (invoked evil upon them) saying, "O Allah! Count them and kill them one by one, and do not leave anyone of them"' Then he recited: "As I am martyred as a Muslim, I do not care in what way I receive my death for Allah's Sake, for this is for the Cause of Allah. If He wishes, He will bless the cut limbs of my body." Then Abu Sarva, 'Ubqa bin Al-Harith went up to him and killed him. It was Khubaib who set the tradition of praying for any Muslim to be martyred in captivity (before he is executed). The Prophet told his companions of what had happened (to those ten spies) on the same day they were martyred. Some Quraish people, being informed of `Asim bin Thabit's death, sent some messengers to bring a part of his body so that his death might be known for certain, for he had previously killed one of their leaders (in the battle of Badr). But Allah sent a swarm of wasps to protect the dead body of `Asim, and they shielded him from the messengers who could not cut anything from his body.

When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Wa lakal-hamd, anta-l-haq wa wa'duka-lhaq, wa liqa'uka Haq, wa qauluka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that `Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).

Yahya related to me that Malik said, "What is done in our community in the case of a man who makes his slave-girl a mudabbara and she gives birth to children after that, and then the slave-girl dies before the one who gave her a tadbir is that her children are in her position. The conditions which were confirmed for her are confirmed for them. The death of their mother does not harm them. If the one who made her mudabbara dies, they are free if their value is less than one third of his total property."

Malik said, "For every mother by birth as opposed to mother by suckling, her children are in her position. If she is free and she gives birth after she is free, her children are free. If she is a mudabbara or mukataba, or freed after a number of years in service, or part of her is free or pledged or she is an umm walad, each of her children are in the same position as their mother. They are set free when she is set free and they are slaves when she is a slave."

Malik said about the mudabbara given a tadbir while she was pregnant, "Her children are in her position. That is also the position of a man who frees his slave- girl while she is pregnant and does not know that she is pregnant."

Malik said, "The sunna about such women is that their children follow them and are set free by their being set free."

Malik said, "It is the same as if a man had bought a slave-girl while she was pregnant. The slave-girl and what is in her womb belong to the one who bought her whether or not the buyer stipulates that."

Malik continued, "It is not halal for the seller to make an exception about what is in her womb because that is an uncertain transaction. It reduces her price and he does not know if that will reach him or not. That is as if one sold the foetus in the womb of the mother. That is not halal because it is an uncertain transaction ."

Malik said about the mukatab or mudabbar who bought a slave- girl and had intercourse with her and she became pregnant by him and gives birth, "The children of both of them by a slave-girl are in his position. They are set free when he is set free and they are slaves when he is a slave."

Malik said, "When he is set free, the umm walad is part of his property which is surrendered to him when he is set free."

For one year I wanted to ask `Umar about the two women who helped each other against the Prophet but I was afraid of him. One day he dismounted his riding animal and went among the trees of Arak to answer the call of nature, and when he returned, I asked him and he said, "(They were) `Aisha and Hafsa." Then he added, "We never used to give significance to ladies in the days of the Pre-lslamic period of ignorance, but when Islam came and Allah mentioned their rights, we used to give them their rights but did not allow them to interfere in our affairs. Once there was some dispute between me and my wife and she answered me back in a loud voice. I said to her, 'Strange! You can retort in this way?' She said, 'Yes. Do you say this to me while your daughter troubles Allah's Apostle?' So I went to Hafsa and said to her, 'I warn you not to disobey Allah and His Apostle.' I first went to Hafsa and then to Um Salama and told her the same. She said to me, 'O `Umar! It surprises me that you interfere in our affairs so much that you would poke your nose even into the affairs of Allah's Apostle and his wives.' So she rejected my advice. There was an Ansari man; whenever he was absent from Allah's Apostle and I was present there, I used to convey to him what had happened (on that day), and when I was absent and he was present there, he used to convey to me what had happened as regards news from Allah's Apostle . During that time all the rulers of the nearby lands had surrendered to Allah's Apostle except the king of Ghassan in Sham, and we were afraid that he might attack us. All of a sudden the Ansari came and said, 'A great event has happened!' I asked him, 'What is it? Has the Ghassani (king) come?' He said, 'Greater than that! Allah's Apostle has divorced his wives! I went to them and found all of them weeping in their dwellings, and the Prophet had ascended to an upper room of his. At the door of the room there was a slave to whom I went and said, "Ask the permission for me to enter." He admitted me and I entered to see the Prophet lying on a mat that had left its imprint on his side. Under his head there was a leather pillow stuffed with palm fires. Behold! There were some hides hanging there and some grass for tanning. Then I mentioned what I had said to Hafsa and Um Salama and what reply Um Salama had given me. Allah's Apostle smiled and stayed there for twenty nine days and then came down." (See Hadith No. 648, Vol. 3 for details)

Malik related to me that he heard the like of that from Sulayman ibn Yasar.

Malik spoke about a man who bought out one of the partners in a shared property, by paying the man with an animal, a slave, a slave-girl, or the equivalent of that in goods. Then another partner decided to exercise his right of pre-emption after that, and he found that the slave or slave-girl had died, and no one knew what her value had been. The buyer claimed, "The value of the slave or slave-girl was 100 dinars." The partner with the right of pre-emption claimed, "The value was 50 dinars."

Malik said, "The buyer takes an oath that the value of what he payed was 100 dinars. Then if the one with the right of pre-emption wishes, he can compensate him, or else he can leave it, unless he can bring a clear proof that the slave or slave-girl's value is less than what the buyer said. If someone gives away his portion of a shared house or land and the recipient repays him for it by cash or goods, the partners can take it by pre-emption if they wish and pay off the recipient the value of what he gave in dinars or dirhams. If someone makes a gift of his portion of a shared house or land, and does not take any remuneration and does not seek to, and a partner wants to take it for its value, he cannot do so as long as the original partner has not been given recompense for it. If there is any recompense, the one with the right of pre-emption can have it for the price of the recompense."

Malik spoke about a man who bought into a piece of shared land for a price on credit, and one of the partners wanted to possess it by right of pre-emption . Malik said, "If it seems likely that the partner can meet the terms, he has right of pre-emption for the same credit terms. If it is feared that he will not be able to meet the terms, but he can bring a wealthy and reliable guarantor of equal standing to the one who bought into the land, he can also take possession."

Malik said, "A person's absence does not sever his right of pre-emption. Even if he is a way for a long time, there is no time limit after which the right of preemption is cut off."

Malik said that if a man left land to a number of his children, then one of them who had a child died and the child of the deceased sold his right in that land, the brother of the seller was more entitled to pre-empt him than his paternal uncles, the partners of his father.

Malik said, "This is what is done in our community."

Malik said, "Pre- emption is shared between partners according to their existing shares. Each of them takes according to his portion. If it is small, he has little. If it is great, it is according to that. That is if they are tenacious and contend with each other about it."

Malik said, "As for a man who buys out the share of one of his partners, and one of the other partners says, 'I will take a portion according to my share,' and the first partner says, 'If you wish to take all the preemption, I will give it up to you. If you wish to leave it, then leave it.' If the first partner gives him the choice and hands it over to him, the second partner can only take all the pre-emption or give it back. If he takes it, he is entitled to it. If not, he has nothing."

Malik spoke about a man who bought land, and developed it by planting trees or digging a well etc., and then someone came, and seeing that he had a right in the land, wanted to take possession of it by pre-emption. Malik said "He has no right of preemption unless he compensates the other for his expenditure. If he gives him the price of what he has developed, he is entitled to pre- emption . If not, he has no right in it."

Malik said that someone who sold off his portion of a shared house or land and then, on learning that some one with a right of pre-emption was to take possession by that right, asked the buyer to revoke the sale, and he did so, did not have the right to do that. The pre-emptor has more right to the property for the price for which he sold it.

In the case of some one who bought along with a section of a shared house or land, an animal and goods (that were not shared), so that when any one demanded his right of pre-emption in the house or land he said, "Take what I have bought altogether, for I bought it altogether," Malik said, "The pre-emptor need only take possession of the house or land. Each thing the man bought is assessed according to its share of the lump sum the man paid. Then the pre-emptor takes possession of his right for a price which is appropriate on that basis. He does not take any animals or goods unless he wants to do that."

Malik said, "If someone sells a section of shared land, and one of those who have the right of preemption surrenders it to the buyer and another refuses to do other than take his pre-emption, the one who refuses to surrender has to take all the preemption, and he cannot take according to his right and leave what remains.

In the case where one of a number of partners in one house sold his share when all his partners were away except for one man, the one present was given the choice of either taking the pre-emption or leaving it, and he said, 'I will take my portion and leave the portions of my partners until they are present. If they take it, that is that. If they leave it, I will take all the pre-emption,' Malik said, 'He can only take it all or leave it. If his partners come, they can take from him or leave it as they wish. If this is offered to him and he does not accept, I think that he has no pre-emption.' "

Malik related to me from Yahya ibn Said from Abu Bakr ibn Muhammad ibn Amr ibn Hazm from Umar ibn Abdal-Aziz from Abu Bakr ibn Abd ar-Rahman ibn al-Harith ibn Hisham from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "If anyone goes bankrupt, and a man finds his own property intact with him, he is more entitled to it than anyone else."

Malik spoke about a man who sold a man wares, and the buyer went bankrupt. He said, "The seller takes whatever of his goods he finds. If the buyer has sold some of them and distributed them, the seller of the wares is more entitled to them than the creditors. What the buyer has distributed does not prevent the seller from taking whatever of it he finds. It is the seller's right if he has received any of the price from the buyer and he wants to return it to take what he finds of his wares, and in what he does not find, he is like the creditors."

Malik spoke about some one who bought spun wool or a plot of land, and then did some work on it, like building a house on the plot of land or weaving the spun wool into cloth. Then he went bankrupt after he had bought it, and the original owner of the plot said, "I will take the plot and whatever structure is on it." Malik said, "That structure is not his. However, the plot and what is in it that the buyer has improved is appraised. Then one sees what the price of the plot is and how much of that value is the price of the structure. They are partners in that. The owner of the plot has as much as his portion, and the creditors have the amount of the portion of the structure."

Malik said, "The explanation of that is that the value of it all is fifteen hundred dirhams. The value of the plot is five hundred dirhams, and the value of the building is one thousand dirhams. The owner of the plot has a third, and the creditors have two-thirds."

Malik said, "It is like that with spinning and other things of the same nature in these circumstances and the buyer has a debt which he cannot pay. This is the behaviour in such cases."

Malik said, "As for goods which have been sold and which the buyer does not improve, but those goods sell well and have gone up in price, so their owner wants them and the creditors also want to seize them, then the creditors choose between giving the owner of the goods the price for which he sold them and not giving him any loss and surrendering his goods to him.

"If the price of the goods has gone down, the one who sold them has a choice. If he likes, he can take his goods and he has no claim to any of his debtor's property, and that is his right. If he likes, he can be one of the creditors and take a portion of his due and not take his goods. That is up to him."

Malik said about someone who bought a slave-girl or animal and she gave birth in his possession and the buyer went bankrupt, "The slave-girl or the animal and the offspring belong to the seller unless the creditors desire it. In that case they give him his complete due and they take it."

Yahya said that Malik related from Muhammad ibn Umara from Abu Bakr ibn Hazm that Uthman ibn Affan said, "When boundaries are fixed in land, there is no pre-emption in it. There is no pre-emption in a well or in male palm trees. "

Malik said, "This is what is done in our community."

Malik said, "There is no pre-emption in a road, whether or not it is practical to divide it."

Malik said, "What is done in our community is that there is no pre- emption in the courtyard of a house, whether or not it is practical to divide it."

Malik spoke about a man who bought into a shared property provided that he had the option of withdrawal and the partners of the seller wanted to take what their partner was selling by pre-emption before the buyer had exercised his option. Malik said, "They cannot do that until the buyer has taken possession and the sale is confirmed for him. When the sale is confirmed, they have the right of pre-emption."

Malik spoke about a man who bought land and it remained in his hands for some time. Then a man came and saw that he had a share of the land by inheritance. Malik said, "If the man's right of inheritance is established, he also has a right of preemption. If the land has produced a crop, the crop belongs to the buyer until the day when the right of the other is established, because he has tended what was planted against being destroyed or being carried away by a flood."

Malik continued, "If the time has been long, or the witnesses are dead or the seller has died, or the buyer has died, or they are both alive and the basis of the sale and purchase has been forgotten because of the length of time, pre- emption is discontinued. A man only takes his right by inheritance which has been established for him. If his situation differs from this, because the sale transaction is recent and he sees that the seller has concealed the price in order to sever his right of pre- emption, the value of the land is estimated, and he buys the land for that price by his right of pre-emption. Then the buildings, plants, or structures which are extra to the land are looked at, so he is in the position of some one who bought the land for a known price, and then after that built on it and planted. The owner of pre-emption takes possession after that is included."

Malik said, "Pre-emption is applied to the property of the deceased as it is applied to the property of the living. If the family of the deceased fear to break up the property of the deceased, then they share it and sell it, and they have no pre-emption in it."

Malik said, "There is no pre- emption among us in a slave or a slave-girl or a camel, a cow, sheep, or any animal, nor in clothes or a well which does not have any uncultivated land around it. Pre-emption is in what can be usefully divided, and in land in which boundaries occur. As for what cannot be usefully divided, there is no pre-emption in it."

Malik said, "Some one who buys land in which people who are present have a right of pre-emption, refers them to the Sultan and either they claim their right or the Sultan surrenders it to him. If he were to leave them, and not refer their situation to the Sultan and they knew about his purchase, and then they left it until a long time had passed and then came demanding their pre-emption, I do not think that they would have it."

Malik related to me from Ibn Shihab from Amir ibn Sad ibn Abi Waqqas that his father said, "The Messenger of Allah, may Allah bless him and grant him peace, came to me to treat me for a pain which became hard to bear in the year of the farewell hajj. I said, 'Messenger of Allah, you can see how far the pain has reached me. I have property and only my daughter inherits from me. Shall I give two thirds of my property as sadaqa?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'No.' I said, 'Half?' He said, 'No.' Then the Messenger of Allah, may Allah bless him and grant him peace, said, 'A third, and a third is a lot. Leaving your heirs rich is better than leaving them poor to beg from people. You never spend anything on maintenance desiring the Face of Allah by it, but that you are rewarded for it, even what you appoint for your wife.' Sad said, 'Messenger of Allah, will I be left here in Makka after my companions have departed for Madina?' The Messenger of Allah, may Allah bless him and grant him peace, said, 'If you are left behind, and do sound deeds you will increase your degree and elevation by them. Perhaps you will be left behind so that some people may benefit by you and others may be harmed by you. O Allah! complete their hijra for my companions, and do not turn them back on their heels. The unfortunate one is Said ibn Khawla.' The Messenger of Allah, may Allah bless him and grant him peace, was distressed on his account for he had died at Makka."

Yahya said that he heard Malik speak about a man who willed a third of his property to a man and said as well, "My slave will serve so-and-so (another man) for as long as he lives, then he is free," then that was looked into, and the slave was found to be a third of the property of the deceased. Malik said, "The service of the slave is evaluated. Then the two of them divide it between them. The one who was willed a third takes his third, as a share, and the one who was willed the service of the slave takes what was evaluated for him of the slave's service. Each of them takes, from the service of the slave or from his wage if he has a wage, according to his share. If the one who was given the service of the slave for as long as he lived dies, then the slave is freed."

Yahya said that he heard Malik speak about someone who willed his third and said "So-and-so has such- and-such, and so-and-so has such-and-such," naming some of his property, and his heirs protested that it was more than a third." Malik said, "The heirs then have an option between giving the beneficiaries their full bequests and taking the rest of the property of the deceased, or between dividing among the beneficiaries the third of the property of the deceased and surrendering to them their third. If they wish, their rights in it reach as far as they reach."

Malik said, The best of what I have heard about a mukatab whose master frees him at death, is that the mukatab is valued according to what he would fetch if he were sold. If that value is less than what remains against him of his kitaba, his freedom is taken from the third that the deceased can bequeath. One does not look at the number of dirhams which remain against him in his kitaba. That is because had he been killed, his killer would not be in debt for other than his value on the day he killed him. Had he been injured, the one who injured him would not be liable for other than the blood-money of the injury on the day of his injury. One does not look at how much he has paid of dinars and dirhams of the contract he has written because he is a slave as long as any of his kitaba remains. If what remains in his kitaba is less than his value, only whatever of his kitaba remains owing from him is taken into account in the third of the property of the deceased. That is because the deceased left him what remains of his kitaba and so it becomes a bequest which the deceased made."

Malik said, "The illustration of that is that if the price of the mukatab is one thousand dirhams, and only one hundred dirhams remain of his kitaba, his master leaves him the one hundred dirhams which complete it for him. It is taken into account in the third of his master and by it he becomes free."

Malik said that if a man wrote his slave a kitaba at his death, the value of the slave was estimated. If there was enough to cover the price of the slave in one third of his property, that was permitted for him.

Malik said, "The illustration of that is that the price of the slave is one thousand dinars. His master writes him a kitaba for two hundred dinars at his death. The third of the property of his master is one thousand dinars, so that is permitted for him. It is only a bequest which he makes from one third of his property. If the master has left bequests to people, and there is no surplus in the third after the value of the mukatab, one begins with the mukatab because the kitaba is setting free, and setting free has priority over bequests. When those bequests are paid from the kitaba of the mukatab, they follow it. The heirs of the testator have a choice. If they want to give the people with bequests all their bequests and the kitaba of the mukatab is theirs, they have that. If they refuse and hand over the mukatab and what he owes to the people with bequests they can do that, because the third commences with the mukatab and because all the bequests which he makes are as one."

If the heirs then say, "What our fellow bequeathed was more than one third of his property and he has taken what was not his," Malik said, "His heirs choose. It is said to them, 'Your companion has made the bequests you know about and if you would like to give them to those who are to receive them according to the deceased's bequests, then do so. If not, hand over to the people with bequests one third of the total property of the deceased.' "

Malik continued, "If the heirs surrender the mukatab to the people with bequests, the people with bequests have what he owes of his kitaba. If the mukatab pays what he owes of his kitaba, they take that in their bequests according to their shares. If the mukatab cannot pay, he is a slave of the people with bequests and does not return to the heirs because they gave him up when they made their choice, and because when he was surrendered to the people with bequests, they were liable. If he died, they would not have anything against the heirs. If the mukatab dies before he pays his kitaba and he leaves property which is more than what he owes, his property goes to the people with bequests. If the mukatab pays what he owes, he is free and his wala' returns to the paternal relations of the one who wrote the kitaba for him."

Malik spoke about a mukatab who owed his master ten thousand dirhams in his kitaba, and when he died he remitted one thousand dirhams from it. He said, "The mukatab is valued and his value is taken into consideration. If his value is one thousand dirhams and the reduction is a tenth of the kitaba, that portion of the slave's price is one hundred dirhams. It is a tenth of the price. A tenth of the kitaba is therefore reduced for him. That is converted to a tenth of the price in cash. That is as if he had had all of what he owed reduced for him. Had he done that, only the value of the slave - one thousand dirhams - would have been taken into account in the third of the property of the deceased. If that which he had remitted is half of the kitaba, half the price is taken into account in the third of the property of the deceased. If it is more or less than that, it is according to this reckoning."

Malik said, "When a man reduces the kitaba of his mukatab by one thousand dirhams at his death from a kitaba of ten thousand dirhams, and he does not stipulate whether it is from the beginning or the end of his kitaba, each instalment is reduced for him by one tenth."

Malik said, "If a man remits one thousand dirhams from his mukatab at his death from the beginning or end of his kitaba, and the original basis of the kitaba is three thousand dirhams, the mukatab's cash value is estimated. Then that value is divided. That thousand which is from the beginning of the kitaba is converted into its portion of the price according to its proximity to the term and its precedence and then the thousand which follows the first thousand is according to its precedence also until it comes to its end, and every thousand is paid according to its place in advancing and deferring the term because what is deferred of that is less in respect of its price. Then it is placed in the third of the deceased according to whatever of the price befalls that thousand according to the difference in preference of that, whether it is more or less, then it is according to this reckoning."

Malik spoke about a man who willed a man a fourth of a mukatab or freed a fourth, and then the man died and the mukatab died and left a lot of property, more than he owed. He said, "The heirs of the first master and the one who was willed a fourth of the mukatab are given what they are still owed by the mukatab. Then they divide what is left over, and the one willed a fourth has a third of what is left after the kitaba is paid. The heirs of his master gets two-thirds. That is because the mukatab is a slave as long as any of his kitaba remains to be paid. He is inherited from by the possession of his person."

Malik said about a mukatab whose master freed him at death, "If the third of the deceased will not cover him, he is freed from it according to what the third will cover and his kitaba is decreased according to that. If the mukatab owed five thousand dirhams and his value is two thousand dirhams cash, and the third of the deceased is one thousand dirhams, half of him is freed and half of the kitaba has been reduced for him." Malik said about a man who said in his will, "My slave so-and-so is free and write a kitaba for so-and- so", that the setting free had priority over the kitaba.

Allah's Apostle wrote to Caesar and invited him to Islam and sent him his letter with Dihya Al-Kalbi whom Allah's Apostle ordered to hand it over to the Governor of Busra who would forward it to Caesar. Caesar as a sign of gratitude to Allah, had walked from Hims to Ilya (i.e. Jerusalem) when Allah had granted Him victory over the Persian forces. So, when the letter of Allah's Apostle reached Caesar, he said after reading it, 'Seek for me any one of his people! (Arabs of Quraish tribe) if present here, in order to ask him about Allah's Apostle. At that time Abu Sufyan bin Harb was in Sham with some men from Quraish who had come (to Sham) as merchants during the truce that had been concluded between Allah's Apostle; and the infidels of Quraish. Abu Sufyan said, Caesar's messenger found us somewhere in Sham so he took me and my companions to Ilya and we were admitted into Ceasar's court to find him sitting in his royal court wearing a crown and surrounded by the senior dignitaries of the Byzantine. He said to his translator. 'Ask them who amongst them is a close relation to the man who claims to be a prophet." Abu Sufyan added, "I replied, 'I am the nearest relative to him.' He asked, 'What degree of relationship do you have with him?' I replied, 'He is my cousin,' and there was none of Bani Abu Manaf in the caravan except myself. Caesar said, 'Let him come nearer.' He then ordered that my companions stand behind me near my shoulder and said to his translator, 'Tell his companions that I am going to ask this man about the man who claims to be a prophet. If he tells a lie, they should contradict him immediately." Abu Sufyan added, "By Allah! Had it not been shameful that my companions label me a liar, I would not have spoken the truth about him when he asked me. But I considered it shameful to be called a liar by my companions. So I told the truth. He then said to his translator, 'Ask him what kind of family does he belong to.' I replied, 'He belongs to a noble family amongst us.' He said, 'Have anybody else amongst you ever claimed the same before him? 'I replied, 'No.' He said, 'Had you ever blamed him for telling lies before he claimed what he claimed? ' I replied, 'No.' He said, 'Was anybody amongst his ancestors a king?' I replied, 'No.' He said, "Do the noble or the poor follow him?' I replied, 'It is the poor who follow him.' He said, 'Are they increasing or decreasing (day by day)?' I replied,' They are increasing.' He said, 'Does anybody amongst those who embrace his (the Prophet's) Religion become displeased and then discard his Religion?'. I replied, 'No. ' He said, 'Does he break his promises? I replied, 'No, but we are now at truce with him and we are afraid that he may betray us." Abu Sufyan added, "Other than the last sentence, I could not say anything against him. Caesar then asked, 'Have you ever had a war with him?' I replied, 'Yes.' He said, 'What was the outcome of your battles with him?' I replied, 'The result was unstable; sometimes he was victorious and sometimes we.' He said, 'What does he order you to do?' I said, 'He tells us to worship Allah alone, and not to worship others along with Him, and to leave all that our fore-fathers used to worship. He orders us to pray, give in charity, be chaste, keep promises and return what is entrusted to us.' When I had said that, Caesar said to his translator, 'Say to him: I ask you about his lineage and your reply was that he belonged to a noble family. In fact, all the apostles came from the noblest lineage of their nations. Then I questioned you whether anybody else amongst you had claimed such a thing, and your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following a claim that had been said before him. When I asked you whether he was ever blamed for telling lies, your reply was in the negative, so I took it for granted that a person who did not tell a lie about (others) the people could never tell a lie about Allah. Then I asked you whether any of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom. When I asked you whether the rich or the poor people followed him, you replied that it was the poor who followed him. In fact, such are the followers of the apostles. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing. In fact, this is the result of true faith till it is complete (in all respects). I asked you whether there was anybody who, after embracing his religion, became displeased and discarded his religion; your reply was in the negative. In fact, this is the sign of true faith, for when its cheerfulness enters and mixes in the hearts completely, nobody will be displeased with it. I asked you whether he had ever broken his promise. You replied in the negative. And such are the apostles; they never break their promises. When I asked you whether you fought with him and he fought with you, you replied that he did, and that sometimes he was victorious and sometimes you. Indeed, such are the apostles; they are put to trials and the final victory is always theirs. Then I asked you what he ordered you. You replied that he ordered you to worship Allah alone and not to worship others along with Him, to leave all that your fore-fathers used to worship, to offer prayers, to speak the truth, to be chaste, to keep promises, and to return what is entrusted to you. These are really the qualities of a prophet who, I knew (from the previous Scriptures) would appear, but I did not know that he would be from amongst you. If what you say should be true, he will very soon occupy the earth under my feet, and if I knew that I would reach him definitely, I would go immediately to meet Him; and were I with him, then I would certainly wash his feet.' " Abu Sufyan added, "Caesar then asked for the letter of Allah's Apostle and it was read. Its contents were: "In the name of Allah, the most Beneficent, the most Merciful (This letter is) from Muhammad, the slave of Allah, and His Apostle, to Heraculius, the Ruler of the Byzantine. Peace be upon the followers of guidance. Now then, I invite you to Islam (i.e. surrender to Allah), embrace Islam and you will be safe; embrace Islam and Allah will bestow on you a double reward. But if you reject this invitation of Islam, you shall be responsible for misguiding the tillers (i.e. your nation). O people of the Scriptures! Come to a word common to you and us and you, that we worship. None but Allah, and that we associate nothing in worship with Him; and that none of us shall take others as Lords besides Allah. Then if they turn away, say: Bear witness that we are (they who have surrendered (unto Him)..(3.64) Abu Sufyan added, "When Heraclius had finished his speech, there was a great hue and cry caused by the Byzantine Royalties surrounding him, and there was so much noise that I did not understand what they said. So, we were turned out of the court. When I went out with my companions and we were alone, I said to them, 'Verily, Ibn Abi Kabsha's (i.e. the Prophet's) affair has gained power. This is the King of Bani Al-Asfar fearing him." Abu Sufyan added, "By Allah, I remained low and was sure that his religion would be victorious till Allah converted me to Islam, though I disliked it."

Allah's Apostle sent a Sariya of ten men as spies under the leadership of `Asim bin Thabit al-Ansari, the grandfather of `Asim bin `Umar Al-Khattab. They proceeded till they reached Hadaa, a place between 'Usfan, and Mecca, and their news reached a branch of the tribe of Hudhail called Bani Lihyan. About two-hundred men, who were all archers, hurried to follow their tracks till they found the place where they had eaten dates they had brought with them from Medina. They said, "These are the dates of Yathrib (i.e. Medina), "and continued following their tracks When `Asim and his companions saw their pursuers, they went up a high place and the infidels circled them. The infidels said to them, "Come down and surrender, and we promise and guarantee you that we will not kill any one of you" `Asim bin Thabit; the leader of the Sariya said, "By Allah! I will not come down to be under the protection of infidels. O Allah! Convey our news to Your Prophet. Then the infidels threw arrows at them till they martyred `Asim along with six other men, and three men came down accepting their promise and convention, and they were Khubaib-al-Ansari and Ibn Dathina and another man So, when the infidels captured them, they undid the strings of their bows and tied them. Then the third (of the captives) said, "This is the first betrayal. By Allah! I will not go with you. No doubt these, namely the martyred, have set a good example to us." So, they dragged him and tried to compel him to accompany them, but as he refused, they killed him. They took Khubaid and Ibn Dathina with them and sold them (as slaves) in Mecca (and all that took place) after the battle of Badr. Khubaib was bought by the sons of Al-Harith bin 'Amir bin Naufal bin `Abd Manaf. It was Khubaib who had killed Al-Harith bin 'Amir on the day (of the battle of) Badr. So, Khubaib remained a prisoner with those people. Narrated Az-Zuhri: 'Ubaidullah bin 'Iyyad said that the daughter of Al-Harith had told him, "When those people gathered (to kill Khubaib) he borrowed a razor from me to shave his pubes and I gave it to him. Then he took a son of mine while I was unaware when he came upon him. I saw him placing my son on his thigh and the razor was in his hand. I got scared so much that Khubaib noticed the agitation on my face and said, 'Are you afraid that I will kill him? No, I will never do so.' By Allah, I never saw a prisoner better than Khubaib. By Allah, one day I saw him eating of a bunch of grapes in his hand while he was chained in irons, and there was no fruit at that time in Mecca." The daughter of Al-Harith used to say, "It was a boon Allah bestowed upon Khubaib." When they took him out of the Sanctuary (of Mecca) to kill him outside its boundaries, Khubaib requested them to let him offer two rak`at (prayer). They allowed him and he offered Two rak`at and then said, "Hadn't I been afraid that you would think that I was afraid (of being killed), I would have prolonged the prayer. O Allah, kill them all with no exception." (He then recited the poetic verse):-- "I being martyred as a Muslim, Do not mind how I am killed in Allah's Cause, For my killing is for Allah's Sake, And if Allah wishes, He will bless the amputated parts of a torn body" Then the son of Al Harith killed him. So, it was Khubaib who set the tradition for any Muslim sentenced to death in captivity, to offer a two-rak`at prayer (before being killed). Allah fulfilled the invocation of `Asim bin Thabit on that very day on which he was martyred. The Prophet informed his companions of their news and what had happened to them. Later on when some infidels from Quraish were informed that `Asim had been killed, they sent some people to fetch a part of his body (i.e. his head) by which he would be recognized. (That was because) `Asim had killed one of their chiefs on the day (of the battle) of Badr. So, a swarm of wasps, resembling a shady cloud, were sent to hover over `Asim and protect him from their messenger and thus they could not cut off anything from his flesh.

The Prophet said, "While I was at the House in a state midway between sleep and wakefulness, (an angel recognized me) as the man lying between two men. A golden tray full of wisdom and belief was brought to me and my body was cut open from the throat to the lower part of the `Abdomen and then my `Abdomen was washed with Zamzam water and (my heart was) filled with wisdom and belief. Al- Buraq, a white animal, smaller than a mule and bigger than a donkey was brought to me and I set out with Gabriel. When I reached the nearest heaven. Gabriel said to the heaven gate-keeper, 'Open the gate.' The gatekeeper asked, 'Who is it?' He said, 'Gabriel.' The gate-keeper,' Who is accompanying you?' Gabriel said, 'Muhammad.' The gate-keeper said, 'Has he been called?' Gabriel said, 'Yes.' Then it was said, 'He is welcomed. What a wonderful visit his is!' Then I met Adam and greeted him and he said, 'You are welcomed O son and a Prophet.' Then we ascended to the second heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was said, 'Who is with you?' He said, 'Muhammad' It was asked, 'Has he been sent for?' He said, 'Yes.' It was said, 'He is welcomed. What a wonderful visit his is!" Then I met Jesus and Yahya (John) who said, 'You are welcomed, O brother and a Prophet.' Then we ascended to the third heaven. It was asked, 'Who is it?' Gabriel said, 'Gabriel.' It was asked, 'Who is with you? Gabriel said, 'Muhammad.' It was asked, 'Has he been sent for?' 'Yes,' said Gabriel. 'He is welcomed. What a wonderful visit his is!' (The Prophet added:). There I met Joseph and greeted him, and he replied, 'You are welcomed, O brother and a Prophet!' Then we ascended to the 4th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met Idris and greeted him. He said, 'You are welcomed O brother and Prophet.' Then we ascended to the 5th heaven and again the same questions and answers were exchanged as in previous heavens. there I met and greeted Aaron who said, 'You are welcomed O brother and a Prophet". Then we ascended to the 6th heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Moses who said, 'You are welcomed O brother and. a Prophet.' When I proceeded on, he started weeping and on being asked why he was weeping, he said, 'O Lord! Followers of this youth who was sent after me will enter Paradise in greater number than my followers.' Then we ascended to the seventh heaven and again the same questions and answers were exchanged as in the previous heavens. There I met and greeted Abraham who said, 'You are welcomed o son and a Prophet.' Then I was shown Al-Bait-al-Ma'mur (i.e. Allah's House). I asked Gabriel about it and he said, This is Al Bait-ul-Ma'mur where 70,000 angels perform prayers daily and when they leave they never return to it (but always a fresh batch comes into it daily).' Then I was shown Sidrat-ul-Muntaha (i.e. a tree in the seventh heaven) and I saw its Nabk fruits which resembled the clay jugs of Hajr (i.e. a town in Arabia), and its leaves were like the ears of elephants, and four rivers originated at its root, two of them were apparent and two were hidden. I asked Gabriel about those rivers and he said, 'The two hidden rivers are in Paradise, and the apparent ones are the Nile and the Euphrates.' Then fifty prayers were enjoined on me. I descended till I met Moses who asked me, 'What have you done?' I said, 'Fifty prayers have been enjoined on me.' He said, 'I know the people better than you, because I had the hardest experience to bring Bani Israel to obedience. Your followers cannot put up with such obligation. So, return to your Lord and request Him (to reduce the number of prayers.' I returned and requested Allah (for reduction) and He made it forty. I returned and (met Moses) and had a similar discussion, and then returned again to Allah for reduction and He made it thirty, then twenty, then ten, and then I came to Moses who repeated the same advice. Ultimately Allah reduced it to five. When I came to Moses again, he said, 'What have you done?' I said, 'Allah has made it five only.' He repeated the same advice but I said that I surrendered (to Allah's Final Order)'" Allah's Apostle was addressed by Allah, "I have decreed My Obligation and have reduced the burden on My slaves, and I shall reward a single good deed as if it were ten good deeds."

Malik bin Sasaa said that Allah's Apostle described to them his Night Journey saying, "While I was lying in Al-Hatim or Al-Hijr, suddenly someone came to me and cut my body open from here to here." I asked Al-Jarud who was by my side, "What does he mean?" He said, "It means from his throat to his pubic area," or said, "From the top of the chest." The Prophet further said, "He then took out my heart. Then a gold tray of Belief was brought to me and my heart was washed and was filled (with Belief) and then returned to its original place. Then a white animal which was smaller than a mule and bigger than a donkey was brought to me." (On this Al-Jarud asked, "Was it the Buraq, O Abu Hamza?" I (i.e. Anas) replied in the affirmative). The Prophet said, "The animal's step (was so wide that it) reached the farthest point within the reach of the animal's sight. I was carried on it, and Gabriel set out with me till we reached the nearest heaven. When he asked for the gate to be opened, it was asked, 'Who is it?' Gabriel answered, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has Muhammad been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' The gate was opened, and when I went over the first heaven, I saw Adam there. Gabriel said (to me). 'This is your father, Adam; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious son and pious Prophet.' Then Gabriel ascended with me till we reached the second heaven. Gabriel asked for the gate to be opened. It was asked, 'Who is it?' Gabriel answered, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel answered in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' The gate was opened. When I went over the second heaven, there I saw Yahya (i.e. John) and `Isa (i.e. Jesus) who were cousins of each other. Gabriel said (to me), 'These are John and Jesus; pay them your greetings.' So I greeted them and both of them returned my greetings to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the third heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed, what an excellent visit his is!' The gate was opened, and when I went over the third heaven there I saw Joseph. Gabriel said (to me), 'This is Joseph; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the fourth heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed, what an excel lent visit his is!' The gate was opened, and when I went over the fourth heaven, there I saw Idris. Gabriel said (to me), 'This is Idris; pay him your greetings.' So I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the fifth heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked. 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said He is welcomed, what an excellent visit his is! So when I went over the fifth heaven, there I saw Harun (i.e. Aaron), Gabriel said, (to me). This is Aaron; pay him your greetings.' I greeted him and he returned the greeting to me and said, 'You are welcomed, O pious brother and pious Prophet.' Then Gabriel ascended with me to the sixth heaven and asked for its gate to be opened. It was asked. 'Who is it?' Gabriel replied, 'Gabriel.' It was asked, 'Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. It was said, 'He is welcomed. What an excellent visit his is!' When I went (over the sixth heaven), there I saw Moses. Gabriel said (to me),' This is Moses; pay him your greeting. So I greeted him and he returned the greetings to me and said, 'You are welcomed, O pious brother and pious Prophet.' When I left him (i.e. Moses) he wept. Someone asked him, 'What makes you weep?' Moses said, 'I weep because after me there has been sent (as Prophet) a young man whose followers will enter Paradise in greater numbers than my followers.' Then Gabriel ascended with me to the seventh heaven and asked for its gate to be opened. It was asked, 'Who is it?' Gabriel replied, 'Gabriel.' It was asked,' Who is accompanying you?' Gabriel replied, 'Muhammad.' It was asked, 'Has he been called?' Gabriel replied in the affirmative. Then it was said, 'He is welcomed. What an excellent visit his is!' So when I went (over the seventh heaven), there I saw Abraham. Gabriel said (to me), 'This is your father; pay your greetings to him.' So I greeted him and he returned the greetings to me and said, 'You are welcomed, O pious son and pious Prophet.' Then I was made to ascend to Sidrat-ul-Muntaha (i.e. the Lote Tree of the utmost boundary) Behold! Its fruits were like the jars of Hajr (i.e. a place near Medina) and its leaves were as big as the ears of elephants. Gabriel said, 'This is the Lote Tree of the utmost boundary) . Behold ! There ran four rivers, two were hidden and two were visible, I asked, 'What are these two kinds of rivers, O Gabriel?' He replied,' As for the hidden rivers, they are two rivers in Paradise and the visible rivers are the Nile and the Euphrates.' Then Al-Bait-ul-Ma'mur (i.e. the Sacred House) was shown to me and a container full of wine and another full of milk and a third full of honey were brought to me. I took the milk. Gabriel remarked, 'This is the Islamic religion which you and your followers are following.' Then the prayers were enjoined on me: They were fifty prayers a day. When I returned, I passed by Moses who asked (me), 'What have you been ordered to do?' I replied, 'I have been ordered to offer fifty prayers a day.' Moses said, 'Your followers cannot bear fifty prayers a day, and by Allah, I have tested people before you, and I have tried my level best with Bani Israel (in vain). Go back to your Lord and ask for reduction to lessen your followers' burden.' So I went back, and Allah reduced ten prayers for me. Then again I came to Moses, but he repeated the same as he had said before. Then again I went back to Allah and He reduced ten more prayers. When I came back to Moses he said the same, I went back to Allah and He ordered me to observe ten prayers a day. When I came back to Moses, he repeated the same advice, so I went back to Allah and was ordered to observe five prayers a day. When I came back to Moses, he said, 'What have you been ordered?' I replied, 'I have been ordered to observe five prayers a day.' He said, 'Your followers cannot bear five prayers a day, and no doubt, I have got an experience of the people before you, and I have tried my level best with Bani Israel, so go back to your Lord and ask for reduction to lessen your follower's burden.' I said, 'I have requested so much of my Lord that I feel ashamed, but I am satisfied now and surrender to Allah's Order.' When I left, I heard a voice saying, 'I have passed My Order and have lessened the burden of My Worshipers."

Abu Sufyan bin Harb informed me that Heraclius had sent a messenger to him while he had been accompanying a caravan from Quraish. They were merchants doing business in Sham (Syria, Palestine, Lebanon and Jordan), at the time when Allah's Apostle had truce with Abu Sufyan and Quraish infidels. So Abu Sufyan and his companions went to Heraclius at Ilya (Jerusalem). Heraclius called them in the court and he had all the senior Roman dignitaries around him. He called for his translator who, translating Heraclius's question said to them, "Who amongst you is closely related to that man who claims to be a Prophet?" Abu Sufyan replied, "I am the nearest relative to him (amongst the group)."

Heraclius said, "Bring him (Abu Sufyan) close to me and make his companions stand behind him." Abu Sufyan added, Heraclius told his translator to tell my companions that he wanted to put some questions to me regarding that man (The Prophet) and that if I told a lie they (my companions) should contradict me." Abu Sufyan added, "By Allah! Had I not been afraid of my companions labeling me a liar, I would not have spoken the truth about the Prophet. The first question he asked me about him was:

'What is his family status amongst you?'

I replied, 'He belongs to a good (noble) family amongst us.'

Heraclius further asked, 'Has anybody amongst you ever claimed the same (i.e. to be a Prophet) before him?'

I replied, 'No.'

He said, 'Was anybody amongst his ancestors a king?'

I replied, 'No.'

Heraclius asked, 'Do the nobles or the poor follow him?'

I replied, 'It is the poor who follow him.'

He said, 'Are his followers increasing decreasing (day by day)?'

I replied, 'They are increasing.'

He then asked, 'Does anybody amongst those who embrace his religion become displeased and renounce the religion afterwards?'

I replied, 'No.'

Heraclius said, 'Have you ever accused him of telling lies before his claim (to be a Prophet)?'

I replied, 'No. '

Heraclius said, 'Does he break his promises?'

I replied, 'No. We are at truce with him but we do not know what he will do in it.' I could not find opportunity to say anything against him except that.

Heraclius asked, 'Have you ever had a war with him?'

I replied, 'Yes.'

Then he said, 'What was the outcome of the battles?'

I replied, 'Sometimes he was victorious and sometimes we.'

Heraclius said, 'What does he order you to do?'

I said, 'He tells us to worship Allah and Allah alone and not to worship anything along with Him, and to renounce all that our ancestors had said. He orders us to pray, to speak the truth, to be chaste and to keep good relations with our Kith and kin.'

Heraclius asked the translator to convey to me the following, I asked you about his family and your reply was that he belonged to a very noble family. In fact all the Apostles come from noble families amongst their respective peoples. I questioned you whether anybody else amongst you claimed such a thing, your reply was in the negative. If the answer had been in the affirmative, I would have thought that this man was following the previous man's statement. Then I asked you whether anyone of his ancestors was a king. Your reply was in the negative, and if it had been in the affirmative, I would have thought that this man wanted to take back his ancestral kingdom.

I further asked whether he was ever accused of telling lies before he said what he said, and your reply was in the negative. So I wondered how a person who does not tell a lie about others could ever tell a lie about Allah. I, then asked you whether the rich people followed him or the poor. You replied that it was the poor who followed him. And in fact all the Apostle have been followed by this very class of people. Then I asked you whether his followers were increasing or decreasing. You replied that they were increasing, and in fact this is the way of true faith, till it is complete in all respects. I further asked you whether there was anybody, who, after embracing his religion, became displeased and discarded his religion. Your reply was in the negative, and in fact this is (the sign of) true faith, when its delight enters the hearts and mixes with them completely. I asked you whether he had ever betrayed. You replied in the negative and likewise the Apostles never betray. Then I asked you what he ordered you to do. You replied that he ordered you to worship Allah and Allah alone and not to worship any thing along with Him and forbade you to worship idols and ordered you to pray, to speak the truth and to be chaste. If what you have said is true, he will very soon occupy this place underneath my feet and I knew it (from the scriptures) that he was going to appear but I did not know that he would be from you, and if I could reach him definitely, I would go immediately to meet him and if I were with him, I would certainly wash his feet.' Heraclius then asked for the letter addressed by Allah's Apostle

which was delivered by Dihya to the Governor of Busra, who forwarded it to Heraclius to read. The contents of the letter were as follows: "In the name of Allah the Beneficent, the Merciful (This letter is) from Muhammad the slave of Allah and His Apostle to Heraclius the ruler of Byzantine. Peace be upon him, who follows the right path. Furthermore I invite you to Islam, and if you become a Muslim you will be safe, and Allah will double your reward, and if you reject this invitation of Islam you will be committing a sin of Arisiyin (tillers, farmers i.e. your people). And (Allah's Statement:)

'O people of the scripture! Come to a word common to you and us that we worship none but Allah and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside Allah. Then, if they turn away, say: Bear witness that we are Muslims (those who have surrendered to Allah).' (3:64).

Abu Sufyan then added, "When Heraclius had finished his speech and had read the letter, there was a great hue and cry in the Royal Court. So we were turned out of the court. I told my companions that the question of Ibn-Abi-Kabsha) (the Prophet Muhammad) has become so prominent that even the King of Bani Al-Asfar (Byzantine) is afraid of him. Then I started to become sure that he (the Prophet) would be the conqueror in the near future till I embraced Islam (i.e. Allah guided me to it)."

The sub narrator adds, "Ibn An-Natur was the Governor of llya' (Jerusalem) and Heraclius was the head of the Christians of Sham. Ibn An-Natur narrates that once while Heraclius was visiting ilya' (Jerusalem), he got up in the morning with a sad mood. Some of his priests asked him why he was in that mood? Heraclius was a foreteller and an astrologer. He replied, 'At night when I looked at the stars, I saw that the leader of those who practice circumcision had appeared (become the conqueror). Who are they who practice circumcision?' The people replied, 'Except the Jews nobody practices circumcision, so you should not be afraid of them (Jews).

'Just Issue orders to kill every Jew present in the country.'

While they were discussing it, a messenger sent by the king of Ghassan to convey the news of Allah's Apostle to Heraclius was brought in. Having heard the news, he (Heraclius) ordered the people to go and see whether the messenger of Ghassan was circumcised. The people, after seeing him, told Heraclius that he was circumcised. Heraclius then asked him about the Arabs. The messenger replied, 'Arabs also practice circumcision.'

(After hearing that) Heraclius remarked that sovereignty of the 'Arabs had appeared. Heraclius then wrote a letter to his friend in Rome who was as good as Heraclius in knowledge. Heraclius then left for Homs. (a town in Syrian and stayed there till he received the reply of his letter from his friend who agreed with him in his opinion about the emergence of the Prophet and the fact that he was a Prophet. On that Heraclius invited all the heads of the Byzantines to assemble in his palace at Homs. When they assembled, he ordered that all the doors of his palace be closed. Then he came out and said, 'O Byzantines! If success is your desire and if you seek right guidance and want your empire to remain then give a pledge of allegiance to this Prophet (i.e. embrace Islam).'

(On hearing the views of Heraclius) the people ran towards the gates of the palace like onagers but found the doors closed. Heraclius realized their hatred towards Islam and when he lost the hope of their embracing Islam, he ordered that they should be brought back in audience.

(When they returned) he said, 'What already said was just to test the strength of your conviction and I have seen it.' The people prostrated before him and became pleased with him, and this was the end of Heraclius's story (in connection with his faith).